Guddu Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56078 of 2018 Arising Out of PS. Case No.-20 Year-2018 Thana- BALIYA District- Begusarai ====================================================== Guddu Mishra, S/o- Ramanand Mishra, Resident of Village- Gokhale Nagar Bishanpur, P.S.- Ballia, District- Begusarai. ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Binod Kumar For the Opposite Party/s :

Mr. Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 24-01-2019 Heard learned counsels for the petitioner and the State.

The petitioner is languishing in custody since 30.01.2018 in a case registered for the offences punishable under Sections 302/34 of the IPC and Section 27(3) of the Arms Act. The prosecution case, as per the fardbeyan of Raman Kumar, recorded by Sunil Kumar, Inspector of Police, Baliya Police Station on 28.01.2018 is to the effect that on 27/28.01.2018 at 12 A.M., in the mid night, the informant, along with his brother, Amindev Kumar and mother, Rupam Devi was sleeping in a room, in the meantime, the petitioner entered into

Patna High Court Cr.Misc. No.56078 of 2018(5) dt.24-01-2019 2/3 the room, dragged the mother of the informant in the courtyard and resorted to fire at her, as a result, she died on the spot. It is submitted by learned counsel for the petitioner that no motive for killing the mother of the informant has been alleged and there is inconsistency between the fardbeyan and statement of the informant, recorded under Section 164 Cr. P.C. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent. Learned APP, after going through the case diary, submits that there is specific accusation of firing against the petitioner. Considering the fact that the informant and her brother are the eye-witnesses to the occurrence and the accusation being corroborated by the medical opinion, this Court is not inclined to grant bail to the petitioner in connection with Ballia P.S. Case No. 20 of 2018, pending in the court of learned Chief Judicial Magistrate, Begusarai. Accordingly, the prayer for bail of the petitioner is rejected.

It appears from the report of the learned Judicial Magistrate, 1st Class, Begusarai dated 10.01.2019, kept at flag-'I', that the case has been committed to the court of Sessions.

Patna High Court Cr.Misc. No.56078 of 2018(5) dt.24-01-2019 3/3 In the circumstances, it is expected from learned trial court to expedite the trial.

(Dinesh Kumar Singh, J) Amrendra/- U T